Kevin Orihuela, 22, of Rockville, was sentenced to four years in prison after a jury convicted him of homicide by motor vehicle while under the influence of alcohol.
Orihuela also was sentenced to five years of supervised probation following his release in connection with an Aug. 14, 2022 crash that killed Noel Powell, 62, of Germantown.
The crash occurred at the Josiah Henson Parkway and Randolph Road by the intersection of Josiah Henson and the exit ramp from Route 355.
“We express our deepest condolences to the family of Noel Powell. This is a tragic reminder that if you engage in activities where alcohol is served, you need to have a plan. You should use public transportation, ride sharing, or another method to ensure you have a sober driver and do not pose a risk to the community. This loss of life was completely avoidable,” said State’s Attorney John McCarthy.
According to the Montgomery County State’s Attorney’s Office, Orihuela had brunch at a restaurant in Pike and Rose, celebrating a friend’s 21st birthday. The group ordered “bottomless mimosas.”
Based on surveillance video, Orihuela drank 11 mimosas between 1:06 p.m. and 3:01 p.m., according to the State’s Attorney’s Office.
“The video depicts the defendant consistently sitting with his head on the table and head in his hands in the minutes before he leaves,” according to the State’s Attorney’s Office.
Orihuela then began driving an Audi A4, accelerating as he reached the intersection where the crash occurred. According to data recorder in the car, he was driving at up to 70 miles per hour in the 40-mile zone.
He then collided with the victim’s Ford Fusion in a T-bone crash.
Powell was transported to Suburban Hospital, where he was pronounced dead. He is survived by his wife of 34 years and two adult children.
At the time of the crash, Powell was finishing a shift as a security supervisor for a private company that provides security to federal buildings in Rockville. He worked for the company for over 15 years, according to the State’s Attorney’s Office. He was headed home for dinner with his wife.
Orihuela also was taken to a hospital where he where he repeatedly stated he had consumed no alcohol and that he was not speeding, according to the State’s Attorney’s Office.
About one hour after the crash, his medical records showed a blood alcohol concentrate of .14.
